Health and Social Care Bill (HL Bill 92)

provision of services which are similar to the services in respect of which the group has functions.

(2)The payments may be made subject to such terms and conditions as the group considers appropriate.

5Board’s functions in relation to clinical commissioning groups

14Z5 Responsibility for payments to providers

(1)The Board may publish a document specifying—

(a)circumstances in which a clinical commissioning group is liable to make a payment to a person in respect of services provided 10by that person in pursuance of arrangements made by another clinical commissioning group in the discharge of its commissioning functions, and

(b)how the amount of any such payment is to be determined.

(2)A clinical commissioning group is required to make payments in 15accordance with any document published under subsection (1).

(3)Where a clinical commissioning group is required to make a payment by virtue of subsection (2), no other clinical commissioning group is liable to make it.

(4)Accordingly, any obligation of another clinical commissioning group to 20make the payment ceases to have effect.

(5)Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).

(6)The Board may publish guidance for clinical commissioning groups for 25the purpose of assisting them in understanding and applying any document published under subsection (1).

(7)In this section and section 14Z6, “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service.

14Z630Guidance on commissioning by the Board

(1)The Board must publish guidance for clinical commissioning groups on the discharge of their commissioning functions.

(2)Each clinical commissioning group must have regard to guidance under this section.

(3)35The Board must consult the Healthwatch England committee of the Care Quality Commission—

(a)before it first publishes guidance under this section, and

(b)before it publishes any revised guidance containing changes that are, in the opinion of the Board, significant.

14Z740Exercise of functions by the Board

(1)The Board may, at the request of a clinical commissioning group, exercise on behalf of the group—

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(a)any of its functions under section 3 or 3A which are specified in the request, and

(b)any other functions of the group which are related to the exercise of those functions.

(2)5Regulations may provide that the power in subsection (1) does not apply in relation to functions of a prescribed description.

(3)Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be agreed between the Board and the clinical commissioning group.

(4)10Arrangements made under this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions.

14Z8 Power of Board to provide assistance or support

(1)The Board may provide assistance or support to a clinical commissioning group.

(2)15The assistance that may be provided includes—

(a)financial assistance, and

(b)making the services of the Board’s employees or any other resources of the Board available to the clinical commissioning group.

(3)20Assistance or support provided under this section may be provided on such terms and conditions, including terms as to payment, as the Board considers appropriate.

(4)The Board may, in particular, impose restrictions on the use of any financial or other assistance or support provided under this section.

(5)25A clinical commissioning group must comply with any restrictions imposed under subsection (4).

Commissioning plans and reports

14Z9 Commissioning plan

(1)Before the start of each relevant period, a clinical commissioning group 30must prepare a plan setting out how it proposes to exercise its functions in that period.

(5)The clinical commissioning group must give a copy of the plan to the Board before the date specified by the Board in a direction.

(6)The clinical commissioning group must give a copy of the plan to each relevant Health and Wellbeing Board.

(7)5The Board may publish guidance for clinical commissioning groups on the discharge of their functions by virtue of this section and sections 14Z10 and 14Z11.

(8)A clinical commissioning group must have regard to any guidance published by the Board under subsection (7).

(9)10In this Chapter, “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the group.

14Z10 Revision of commissioning plans

(1)15A clinical commissioning group may revise a plan published by it under section 14Z9.

(2)If the clinical commissioning group revises the plan in a way which it considers to be significant—

(a)the group must publish the revised plan, and

(b)20subsections (5) and (6) of section 14Z9 apply in relation to the revised plan as they apply in relation to the original plan.

(3)If the clinical commissioning group revises the plan in any other way, the group must—

(a)publish a document setting out the changes it has made to the 25plan, and

(b)give a copy of the document to the Board and each relevant Health and Wellbeing Board.

14Z11 Consultation about commissioning plans

(b)revising a plan under section 14Z10 in a way which it considers to be significant.

(2)The clinical commissioning group must consult individuals for whom it has responsibility for the purposes of section 3.

(3)35The clinical commissioning group must involve each relevant Health and Wellbeing Board in preparing or revising the plan.

(4)The clinical commissioning group must, in particular—

(a)give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised, and

(b)40consult each such Board on whether the draft takes proper account of each joint health and wellbeing strategy published by it which relates to the period (or any part of the period) to which the plan relates.

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(5)Where a Health and Wellbeing Board is consulted under subsection (4)(b), the Health and Wellbeing Board must give the clinical commissioning group its opinion on the matter mentioned in that subsection.

(6)5Where a Health and Wellbeing Board is consulted under subsection (4)(b)—

(a)it may also give the Board its opinion on the matter mentioned in that subsection, and

(b)if it does so, it must give the clinical commissioning group a 10copy of its opinion.

(7)If a clinical commissioning group revises or further revises a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) to (6) apply in relation to the revised draft as they apply in relation to the original draft.

(8)15A clinical commissioning group must include in a plan published under section 14Z9(4) or 14Z10(2)—

(a)a summary of the views expressed by individuals consulted under subsection (2),

(b)an explanation of how the group took account of those views, 20and

(c)a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4).

(9)In this section, “joint health and wellbeing strategy” means a strategy 25under section 116A of the Local Government and Public Involvement in Health Act 2007 which is prepared and published by a Health and Wellbeing Board by virtue of section 193 of the Health and Social Care Act 2011.

14Z12 Opinion of Health and Wellbeing Boards on commissioning plans

(1)30A relevant Health and Wellbeing Board—

(a)may give the Board its opinion on whether a plan published by a clinical commissioning group under section 14Z9(4) or 14Z10(2) takes proper account of each joint health and wellbeing strategy published by the Health and Wellbeing 35Board which relates to the period (or any part of the period) to which the plan relates, and

(b)if it does so, must give the clinical commissioning group a copy of its opinion.

(2)In this section, “joint health and wellbeing strategy” has the same 40meaning as in section 14Z11.

14Z13 Reports by clinical commissioning groups

(1)In each financial year other than its first financial year, a clinical commissioning group must prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.

(2)45An annual report must, in particular—

(a)explain how the clinical commissioning group has discharged its duties under sections 14Q and 14Z, and

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(b)review the extent to which the group has contributed to the delivery of any joint health and wellbeing strategy to which it was required to have regard under section 116B(1)(b) of the Local Government and Public Involvement in Health Act 2007.

(3)5In preparing the review required by subsection (2)(b), the clinical commissioning group must consult each relevant Health and Wellbeing Board.

(4)The Board may give directions to clinical commissioning groups as to the form and content of an annual report.

(5)10A clinical commissioning group must give a copy of its annual report to the Board before the date specified by the Board in a direction.

(6)A clinical commissioning group must—

(a)publish its annual report, and

(b)hold a meeting for the purpose of presenting the report to 15members of the public.

Performance assessment of clinical commissioning groups

14Z14 Performance assessment of clinical commissioning groups

(1)The Board must conduct a performance assessment of each clinical commissioning group in respect of each financial year.

(2)20A performance assessment is an assessment of how well the clinical commissioning group has discharged its functions during that year.

(3)The assessment must, in particular, include an assessment of how well the group has discharged its duties under—

(c)section 116B(1) of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessments and strategies).

(4)In conducting a performance assessment, the Board must consult each 30relevant Health and Wellbeing Board as to its views on the clinical commissioning group’s contribution to the delivery of any joint health and wellbeing strategy to which the group was required to have regard under section 116B(1)(b) of that Act of 2007.

(5)The Board must, in particular, have regard to—

(a)35any document published by the Secretary of State for the purposes of this section, and

Powers to require information etc.

(1)Sections 14Z16 and 14Z17 apply where the Board has reason to believe—

(a)5that the area of a clinical commissioning group is no longer appropriate, or

(b)that a clinical commissioning group might have failed, might be failing or might fail to discharge any of its functions.

(2)Any reference in subsection (1) to failure to discharge a function 10includes a reference to failure to discharge it properly.

14Z16 Power to require documents and information etc.

(1)Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board any information, documents, records or other items that the Board considers it necessary or 15expedient to have for the purposes of any of its functions in relation to the clinical commissioning group.

(2)The persons mentioned in this subsection are—

(a)the clinical commissioning group if it has possession or control of the item in question;

(b)20any member or employee of the group who has possession or control of the item in question.

(3)A person must comply with a requirement imposed under subsection (1).

(4)The power conferred by subsection (1) includes power to require that 25any information, documents or records kept by means of a computer be provided in legible form.

(5)The power conferred by subsection (1) does not include power to require the provision of personal records.

(6)In subsection (5), “personal records” has the meaning given by section 3012 of the Police and Criminal Evidence Act 1984.

14Z17 Power to require explanation

(1)Where this section applies, the Board may require the clinical commissioning group to provide it with an explanation of any matter which relates to the exercise by the group of any of its functions, 35including an explanation of how the group is proposing to exercise any of its functions.

(2)The Board may require the explanation to be given—

(a)orally at such time and place as the Board may specify, or

(b)in writing.

(3)40The clinical commissioning group must comply with a requirement imposed under subsection (1).

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14Z18 Use of information

Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z16 or 14Z17 may be used by the Board in connection with any of its functions in relation to clinical 5commissioning groups.

Intervention powers

14Z19 Power to give directions, dissolve clinical commissioning group etc.

(1)This section applies if the Board is satisfied that—

(a)a clinical commissioning group is failing or has failed to 10discharge any of its functions, or

(b)there is a significant risk that a clinical commissioning group will fail to do so.

(2)The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner and within such period or 15periods, as may be specified in the direction.

(3)The Board may direct—

(a)the clinical commissioning group, or

(b)the accountable officer of the group,

to cease to perform any functions for such period or periods as may be 20specified in the direction.

(4)The Board may—

(a)terminate the appointment of the clinical commissioning group’s accountable officer, and

(b)appoint another person to be its accountable officer.

(5)25Paragraph 11(4) of Schedule 1A does not apply to an appointment under subsection (4)(b).

(6)The Board may vary the constitution of the clinical commissioning group, including doing so by—

(a)varying its area,

(b)30adding any person who is a provider of medical services to the list of members, or

(c)removing any person from that list.

(7)The Board may dissolve the clinical commissioning group.

(8)Where a direction is given under subsection (3) the Board may—

(a)35exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning group or (as the case may be) the accountable officer;

(b)direct another clinical commissioning group or (as the case may be) the accountable officer of another clinical commissioning 40group to perform any of those functions on behalf of the group or (as the case may be) the accountable officer, in such manner and within such period or periods as may be specified in the directions.

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(9)A clinical commissioning group to which a direction is given under subsection (3) must—

(a)where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board, and

(b)5where a direction is given under subsection (8)(b) to another clinical commissioning group or to the accountable officer of another clinical commissioning group, co-operate with the other group or (as the case may be) the accountable officer.

(10)Before exercising the power conferred by subsection (8)(b) the Board 10must consult the clinical commissioning group to which it is proposing to give the direction.

(11)Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property transfer scheme or a staff transfer scheme.

(12)15In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in section 14I.

(13)Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer 20scheme under section 14I(1).

(14)Any reference in subsection (1) to failure to discharge a function includes a reference to failure to discharge it properly.

Procedural requirements in connection with certain powers

14Z20 Procedural requirements in connection with certain powers

(1)25Before exercising the power to dissolve a clinical commissioning group under section 14Z19(7) the Board must consult the following persons—

(a)the clinical commissioning group,

(b)relevant local authorities, and

(c)any other persons the Board considers it appropriate to consult.

(2)30For that purpose, the Board must provide those persons with a statement—

(a)explaining that it is proposing to exercise the power, and

(b)giving its reasons for doing so.

(3)After consulting those persons (and before exercising the power), the 35Board must publish a report containing its response to the consultation.

(4)If the Board decides to exercise the power, the report must, in particular, explain its reasons for doing so.

(5)Regulations may make provision as to the procedure to be followed by the Board before the exercise of the powers conferred by sections 4014Z16, 14Z17 and 14Z19.

(6)The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.

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(7)For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with, or includes the whole or any part of, the area of the clinical commissioning group.

Disclosure of information

14Z215 Permitted disclosures of information

(1)A clinical commissioning group may disclose information obtained by it in the exercise of its functions if—

(a)the information has previously been lawfully disclosed to the public,

(b)10the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),

(c)the disclosure is made in accordance with any enactment or 15court order,

(d)the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

(e)the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information 20for the purpose of exercising functions of that person under any enactment,

(f)the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group’s functions,

(g)the disclosure is made in connection with the investigation of a 25criminal offence (whether or not in the United Kingdom), or

(h)the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

(2)This section has effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

30Interpretation

14Z22 Interpretation

(1)In this Chapter—

“financial year”, in relation to a clinical commissioning group, includes the period which begins on the day the group is 35established and ends on the following 31 March;

“relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, has the meaning given by section 14Z9(9);

“the health service” means the health service in England;

40“health services” means services provided as part of the health service and, in section 14Z, also includes services that are to be provided as part of the health service.

(2)Any reference (however expressed) in the following provisions of this Act to the functions of a clinical commissioning group includes a 45reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—

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section 6E(7) and (10)(b),

section 14C(2)(e),

section 14O,

section 14P,

5section 14S,

section 14T(1),

section 14U,

section 14V(1),

section 14W,

10section 14X,

section 14Y(1) and (2),

section 14Z(1),

section 14Z2(1),

section 14Z3(2),

15section 14Z4(1),

section 14Z5(7),

section 14Z9(1),

section 14Z13(1),

section 14Z14(2),

20sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),

section 14Z21(1),

section 72(1),

section 75(1)(a) and (2),

section 77(1)(b),

25section 82,

section 89(1A)(d),

section 94(3A)(d),

section 223C(2)(b),

section 223H(1),

30in Schedule 1A, paragraphs 3(1) and (3), 5, 11(9)(b) and 15(3).

(3)Any reference (however expressed) in the following provisions of other Acts to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—

35sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),

section 196(4) of the Health and Social Care Act 2011 (supply of information to Health and Wellbeing Boards),

40section 285(2)(d) of that Act (breaches of duties to co-operate).

in Schedule 6 to that Act, paragraph 8(4).

(4)The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3).”